Legal Document Updates in English (16/2013)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE - CHARGE

1

47/2013/TT-BTC

Circular No. 47/2013/TT-BTC dated April 26, 2013 of the Ministry of Finance amending, supplementing the preferential import tax for some commodities in the heading 2710 in the Preferential Export and Import Tariff

 

Increase import tax rate for oils to 16%

Page 2

2

44/2013/TT-BTC

Circular No. 44/2013/TT-BTC dated April 25, 2013 of the Ministry amending export tax rates for some commodities of minerals in the export tariff

 

Increase 10% for export tariff of minerals

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

 

3

20/2013/QD-TTg

Decision No. 20/2013/QD-TTg dated April 18, 2013 of the Prime Minister promulgating the level of high value transaction must make reports

 

Must report to the State Bank for the transaction over VND 300 million

Page 2

4

601/QD-TTg

Decision No. 601/QD-TTg dated April 17, 2013 of the Prime Minister on establishing medium and small enterprise development fund

 

Medium and Small Enterprise Development Fund must not exceed VND 30 billion per project

Page 2

TRANSPORT

 

TRANSPORT

 

5

30/2013/ND-CP

Decree No. 30/2013/ND-CP dated April 08, 2013 of the Government on air transportation and general air operation

 

The minimum capital required establishing airline air transportation business is 300 billion VND

Page 3

INFORMATION – COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

 

6

09/2013/TT-BTTTT

Circular No. 09/2013/TT-BTTTT dated April 08, 2013 of the Ministry of Information and Communications issuing the list of software, hardware and electronic products

 

Issuing the list of software, hardware and electronic products

Page3

INDUSTRY

 

INDUSTRY

 

7

07/2013/TT-BCT

Circular No. 07/2013/TT-BCT dated Hanoi, April 22, 2013 of the Ministry of Industry and Trade regulating on the registration of using toxic chemicals to produce products, goods in the industrial sector

 

Using toxic chemicals must register in written form

Page 3

 

SUMMARY:

Ü TAX – FEE - CHARGE


INCREASE IMPORT TAX RATE FOR OILS TO 16%
 

This is new action of the Ministry of Finance at the Circular No. 47/2013/TT-BTC dated April 26, 2013 of the Ministry of Finance amending, supplementing the preferential import tax for some commodities in the heading 2710 in the Preferential Export and Import Tariff.

In particular, only after 01 week of application with the import tax rate of 14% with Motor spirit including RON 90 and other oils in accordance with the Circular No. 43/2013/TT-BTC dated April 18, 2013 at this Circular, the Ministry of Finance decides to increase this tax rate to 16% from April 26, 2013.

 

Similarly, the import tax rate for white solvent (white spirit), Solvent with under 1% of aromatic content by weight, Other solvent spirits, Naphtha, reformate and preparations for preparing motor spirits and other Alpha olefins is 16%. Besides, the import tax rate for Diesel fuel for cars is 12% and for Fuel oils is 14%. These import tax rate increases by 2% compared with regulations at the Circular No. 43/2013/TT-BTC dated April 18, 2013.

This Circular takes effect on April 26, 2013 and replaces the Circular No. 43/2013/TT-BTC dated April 18, 2013.


INCREASE 10% FOR EXPORT TARIFF OF MINERALS
 

This is the new regulations prescribed at the Circular No. 44/2013/TT-BTC dated 44/2013/TT-BTC dated April 25, 2013 of the Ministry amending export tax rates for some commodities of minerals in the export tariff.

Accordingly, from June 09, 2013, the export tax for minerals will have flat increase by 10% (from 30% to 40%), including: Apatite ores (excluding of fine-grained kind with small size

 

of less than or equal to 0.25mm, of grained kind with size of between more than 0.25mm and 15mm); Copper ores and concentrates, lead ores and concentrates, Zinc ores and concentrates, Titanium ores and concentrates. Especially, for white limestone (white marble) of blocks, export tax rate is only increased by 5% (from 25% to 30%).

This Circular takes effect on June 09, 2013.

Ü FINANCE - BANKING


MUST REPORT TO THE STATE BANK FOR THE TRANSACTION OVER VND 300 MILLION
 

On April 18, 2013, the Prime Minister signed the Decision No. 20/2013/QD-TTg promulgating the level of high value transaction must make reports.

Accordingly, in order to ensure the protection works in money laundering, the Prime Minister regulates that financial organizations, organizations, individual in non-finance businesses shall be responsible for reporting to the State Bank for level of high value transactions subject to report is VND 300,000,000 (three hundred million)

The organizations and individuals that are doing business in the relevant non-financial sector are the organizations and

 

individuals carrying out operations as follows: doing business in games with prizes, casino; doing business in the services of real estate management, the brokerage of real estate, real estate trading floor; trading in precious metal and stone; providing notary and accounting service, the lawyer’s legal service and lawyer practice organization; investment trust services, services of establishment, management and executive of enterprise; services of director and secretary provision of the enterprise to a third party.

This Decision takes effect on June 10, 2013.


MEDIUM AND SMALL ENTERPRISE DEVELOPMENT FUND MUST NOT EXCEED
VND 30 BILLION PER PROJECT
 

This is the directive of the Government at the Decision No. 601/QD-TTg dated April 17, 2013 on establishing medium and small enterprise development fund.

At this Decision, The Prime Minister regulates to establish the Medium and Small Enterprise Development Fund (hereinafter called Fund) to support medium and small enterprises that have feasible business plans encouraged by the State with the total amount of VND 2,000 billion and conformable with the purposes of the Fund in order to improve the competitiveness of enterprise and contribute to the increase of incomes and employment creation.

Accordingly, the Prime Minister regulates the loan’s level, loan’s term and loan’s rate. The maximum loan given to each business plan is 70% of its total investment (not including working capital), and shall not exceed 30 billion VND. The loan term depends on the ability to recoup capital, the solvency of the debtor, and the specific

 

conditions of each business plan, but shall not exceed 07 years. In special cases in which long-term projects demand longer period, the Minister of Planning and Investment shall decide the loan period, but such period shall not exceed 10 years.

The Fund shall give loans to medium and small enterprises must have the business plans belong to the List of prioritized sectors of the Fund; owners of such medium and small enterprises are capable of civil acts; the equity capital for the business plan reaches at least 20%, and the capital is adequate to execute such business plans; the debt is likely to be paid before the deadline in the signed credit contract; the regulations on loan guarantee are complied with;  the medium and small enterprises that have taken loans from the Fund for their business plans shall not take preferential loans from other credit institutions of the State.

This Decision takes effect on the signing date.

Ü TRANSPORT


THE MINIMUM CAPITAL REQUIRED ESTABLISHING AIRLINE AIR TRANSPORTATION BUSINESS
IS 300 BILLION VND
 

On April 08, 2013, the Government issued the Decree No. 30/2013/ND-CP on air transportation and general air operation.

This Decree regulates detailed regulations on capital’s conditions. The minimum capital required to establish and maintain airline air transportation business: operating up to 10 aircrafts: 700 billion VND for airlines with international transportation operation; 300 billion VND for the airlines only operating domestic air transportation; operating from 11 – 30 aircrafts: 1.000 billion VND for the airlines operating international transportation; 600 billion VND for the airlines only operating domestic air transportation; operating over 30 aircrafts: 1.300 billion VND for the airlines operating international transportation; 700 billion VND for the airlines only operating domestic air transportation.

At the same time, the Decree also regulates that the minimum capital to establish the airline of general air operation for commercial purposes: 100 billion VND.

 

In particular, the foreign invested capital airlines must satisfy the conditions that the foreign party must not exceed 30% of charter capital for an airline; a Vietnamese individual or entity has no foreign invested capital must keep the largest charter capital.

Besides, age of the second-hand aircraft imported in Vietnam is also an important content in this Decree. For aircraft carrying ​​passenger: not exceeding 10 years from the ship date to the time of being imported into Vietnam; not exceeding 20 years from the ship date to the end of lease contract. As for helicopter is 25 years from the ship date to the end of the lease contract; for cargo aircraft, postal matters, postal parcels, air business for commercial purposes: not exceeding 15 years from the ship date to the time of being imported into Vietnam; not exceeding 20 years from the ship date to the end of lease contract and so on.

This Decree takes effect from June 1, 2013 and supersedes Decree No. 76/2007/ND-CP dated May 9, 2007.

Ü INFORMATION - COMMUNICATIONS


ISSUING THE LIST OF SOFTWARE, HARDWARE AND ELECTRONIC PRODUCTS
 

On April 08, 2013, the Ministry of Information and Communications issued the Circular No. 09/2013/TT-BTTTT issuing the list of software, hardware and electronic products.

According to this List, Software products includes System Software (Operating System Software, Network Software,  Database Management Software,  Embedded software, Other system software), Application Software (General Business Productivity Applications, Cross-Industry Application Software, Vertical Market Application Software, Home Use Applications, Other application software); Tool software (Programming software, Testing software, Translation software, Software supporting programming

 

software, Other tool software); Utility software (Administration and remote administration software, Data backup and restoration software, File management and display software, Digital data processing and identification software, Security and antivirus software, Other utility software.

The Hardware and electronic products include Computers, networking devices, and peripherals, Audio and video products, Household appliances, Specialized electronic devices, Multimedia telecommunication and electronic devices, Hardware and electronic parts and components and others.

This Circular takes effect on May 23, 2013.

Ü INDUSTRY


USING TOXIC CHEMICALS MUST REGISTER IN WRITTEN FORM
 

On April 22, 2013, the Ministry of Industry and Trade issued the Circular No. 07/2013/TT-BCT on the registration of using toxic chemicals to produce products, goods in the industrial sector.

At this Circular, the Ministry of Industry and Trade regulates that organizations, individuals using toxic chemicals must register for use in writing to the Department of Industry and Trade within 15 working days before starting the use. Organizations and individuals must re-register for using toxic chemicals with the Department of Industry and Trade within 15 working days after transferring the ownership, changing the operating place or after changing the purpose of using.

 

At the same time, organizations and individuals using toxic chemicals must report the use of chemicals based on the contents registered at the Department of Industry and Trade periodically before June 10 for the six month report; before December 10 for the year report.

In the case, Organizations and individuals who don’t register for use of toxic chemicals; organizations and individuals don’t re-register the use of toxic chemicals; organizations, individuals use toxic chemicals not in accordance with the registered purposes...shall have Cases of examination without notification by the Departments of Industry and Trade.

This Circular takes effect on January 01, 2014.

 

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